HB501 - Relating to the advertisement of disposable wipes as flushable; authorizing a civil penalty.

  89R3082 MPF-D     By: Rosenthal H.B. No. 501       A BILL TO BE ENTITLED   AN ACT   relating to the advertisement of disposable wipes as flushable;   authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 5, Health and Safety Code, is   amended by adding Chapter 375 to read as follows:   CHAPTER 375. DISPOSABLE WIPES           Sec. 375.001.  DEFINITIONS. In this chapter:                 (1)     "Covered entity" means a manufacturer of a   disposable wipe and a wholesaler, supplier, or retailer of a   disposable wipe.                 (2)     "Disposable wipe" means a single-use,   premoistened wipe designed or marketed for diapering, personal   hygiene, or other cleaning purposes.           Sec.   375.002.     PROHIBITED ADVERTISEMENT OF DISPOSABLE WIPE   AS FLUSHABLE. A covered entity may not advertise, label, or   otherwise communicate that a disposable wipe may be disposed of in a   toilet, including by communicating the disposable wipe is   "flushable," "sewer safe," or "septic safe," unless the disposable   wipe disintegrates or dissolves immediately in water.           Sec.   375.003.     CIVIL PENALTY. (a) A covered entity that   violates Section 375.002 is liable for a civil penalty in an amount   equal to:                 (1)  $1,000 for a first violation;                 (2)     not less than $1,000 or more than $5,000 for a   second violation; and                 (3)     not less than $5,000 or more than $10,000 for a   third or subsequent violation.           (b)     The attorney general may file suit in district court to   recover a civil penalty imposed under this section against a   covered entity that violates Section 375.002.           (c)     A civil penalty collected under this section shall be   deposited in the general revenue fund.           (d)     The attorney general may recover reasonable expenses   incurred in collecting the civil penalty, including court costs,   reasonable attorney's fees, investigative costs, witness fees, and   deposition costs.           Sec.   375.004.     INJUNCTIVE RELIEF. (a) The attorney general   may bring an action in district court to enjoin a covered entity   from selling disposable wipes if the covered entity violates   Section 375.002 after a civil penalty has been assessed against the   covered entity under Section 375.003 for a third or subsequent   violation of Section 375.002.           (b)     The attorney general may recover reasonable expenses   incurred in obtaining relief under this section, including court   costs, reasonable attorney's fees, investigative costs, witness   fees, and deposition costs.          SECTION 2.  This Act takes effect September 1, 2025.